Roos v. Lockwood
New York Supreme Court
Appeal from special term, Orange county. Action by Abram M. Boos against Isaac Lockwood for specific performance of a contract to convey real property. Defendant appeals from a judgment for plaintiff entered on trial by the court without a jury.
1Opinion of the CourtBarnard, P. J.
The defendant, by an agreement in writing, undertook to give a deed of an hotel property in Orange county to the plaintiff for the sum of $8,500, all to be payable at or before the delivery of the deed. The defendant’s wife refused to join in the deed. The evidence does not show that this refusal by the wife is in any way attributable to the husband. The-court ordered a specific performance of the contract, and, if the wife persisted in her refusal, the plaintiff was permitted to deduct one-third of the purchase-money, or, if the plaintiff so elected, to leave one-third of the purchase…
2Cases cited2 opinions
- Bostwick v. . BeachNew York Court of Appeals · 1886
- Hubbell v. . Von SchoeningNew York Court of Appeals · 1872
3Cited by7 opinions
- Tebeau v. RidgeSupreme Court of Missouri · 1914
- Feldman v. LisanskyNew York Court of Appeals · 1924
- Long v. ChandlerCourt of Chancery of Delaware · 1914
- Maas v. MorgenthalerAppellate Division of the Supreme Court of the State of New York · 1910
- Bonnet v. BabbageNew York Supreme Court · 1892
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